STATE OF ORISSA Vs. ANIL KUMAR GUPTA

JUDGEMENT

(1.) The State in this appeal has called in question the order of acquittal dated 3-7-1995 passed by the learned Assistant Sessions Judge, Jeypore in S.C- No. 68 of 1994 acquitting the respondent of the charge under S.20(b)(i) of the ND and PS Act, 1985.

(2.) The case of the prosecution in short is that on 28-3-1994 around 7.30 a.m., an information was received at Baipariguda Police Station that one white Ambassador Car was proceeding towards Jeypore carrying contraband ganja. Therefore, S.I. of police, Mr. Kartikeswar Samal, P.W. 7 having entered the said fact in the station diary book of the police station proceeded with his staff for necessary detection, if any, and waited near forest check gate. Around 7.50 a.m., the Ambassador Car bearing registered No. MPJ 1918 came from Baipariguda side. Seeing the same, S.I. of police Mr. Samal gave necessary signal for the car to stop. But instead of it being obeyed, rather the car proceeded ahead. So, the police personnels had to chase the car by their jeep. Near State Bank Colony inside the Jeypore Town, the car stopped and two occupants of the car immediately attempted to flee away. However, with possible effort only the respondent could be apprehended. The car was then inspected and some gunny bags were found in the dickey as well as the rear seat of the car. Those gunny bags were suspected to the containing ganja particularly in view of emission of peculiar smell. As large number of persons assembled at the spot, and as Holi festival was going on, the vehicle could not be further inspected at the spot and was taken to the police station where one Mr. Kumud Chandra Mallik, the Executive Magistrate was present. The car was then searched and in the process eleven gunny bags and a tin box were recovered therefrom when on weighment, in total contents of those were found to be 168 kgs. It is stated that 500 grams of ganja was recovered from the each of the bag and those were separated into two parts and then packed in 24 packets. The contraband ganja sample packets, car and one attache containing the wearing apparels of the respondent were seized. The personal search of respondent when was taken; some cash, gold chain, gold ring were recovered and those were also seized. It is stated that the sample packets were seized at the place. S.I. Mr. Samal drew up the plain paper F.I.R. and handed over the same with other seized articles and contemporaneous documents to the IIC of the police station. On the basis of the same, necessary case was registered and further investigation was taken up. The gunny bags as well as tin box were sealed by the IIC using his personal seal and the sample packets were sent for chemical examination through S.D.J.M., Jeypore. On completion of investigation, charge-sheet being submitted, respondent faced the trial for commission of offence under S. 20(b)(i) of ND and PS Act.

(3.) The respondent took the plea of denial and false implication in the case.